STATE v. BUGGS

No. 07-MA-187.

2008 Ohio 4809

State of Ohio, Plaintiff-Appellee, v. Kenneth Buggs, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: September 19, 2008.


Attorney(s) appearing for the Case

Paul Gains, Prosecutor, Ralph M. Rivera, Assistant Prosecutor, 21 W. Boardman St., 6th Floor, Youngstown, Ohio 44503-1426, For Plaintiff-Appellee.

Attorney Claire R. Cahoon, Assistant State Public Defender, 8 East Long Street, Columbus, Ohio 43215, For Defendant-Appellant.

Before: Hon. Gene Donofrio, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite.


OPINION

DONOFRIO, J.

{¶1} Defendant-appellant, Kenneth Buggs, appeals his 13-year consecutive prison sentence for one count of rape and one count of gross sexual imposition in the Mahoning County Common Pleas Court upon resentencing after this court remanded pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. Buggs advances three main arguments: (1) application...

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